Proposed Processed Raspberry Promotion, Research, and Information Order, 25618-25619 [2011-11050]
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25618
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Proposed Rules
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[Doc. No. AMS–FV–07–0077; FV–07–705–
PR–2B]
RIN 0581–AC79
Proposed Processed Raspberry
Promotion, Research, and Information
Order
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule and Referendum
Order.
AGENCY:
This document directs that a
referendum be conducted among
eligible producers of raspberries for
processing and importers of processed
raspberries to determine whether they
favor the establishment of an industryfunded promotion, research, and
information program for processed
raspberries. The proposed program,
Processed Raspberry Promotion,
Research, and Information Order
(Proposed Order), was submitted to the
Department of Agriculture (Department)
by the Washington Red Raspberry
Commission (WRRC). Under the
Proposed Order, producers of
raspberries for processing and importers
of processed raspberries would pay an
assessment of up to one cent per pound,
with the initial assessment rate being
one cent per pound, which would be
paid to the proposed National Processed
Raspberry Council (Council). Producers
and importers of less than 20,000
pounds annually of raspberries for
processing and processed raspberries,
respectively, would be exempt from the
assessment. The proposed program
would be implemented under the
Commodity Promotion, Research, and
Information Act of 1996 (1996 Act). The
Department is conducting an initial
referendum to ascertain whether the
persons to be covered by and assessed
under the Proposed Order favor the
implementation of the program prior to
it going into effect. The Proposed Order
would be implemented if it is approved
by a majority of producers and
importers voting in the referendum.
DATES: The voting period is June 8
through June 24, 2011. To be eligible to
vote, producers must have produced
20,000 pounds of raspberries for
processing and importers must have
imported 20,000 pounds of processed
raspberries during the representative
period from January 1, 2010 through
December 31, 2010. Ballots will be
mailed to all known producers of
emcdonald on DSK2BSOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
19:33 May 04, 2011
Jkt 223001
raspberries for processing and importers
of processed raspberries, on or before
June 1, 2011. Ballots must be received
by the referendum agent no later than
the close of business 4:30 pm (Eastern
Time) on June 24, 2011.
ADDRESSES: Copies of the Proposed
Order may be obtained from:
Referendum Agent, Research and
Promotion Branch, Fruit and Vegetable
Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0244,
Room 0632–S, Washington, DC 20250–
0244; telephone: (202) 720–9915 or
(888) 720–9917 (toll free); or facsimile:
(202) 205–2800; or can be viewed at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
1400 Independence Avenue, SW., Room
0632, Stop 0244, Washington, DC
20250–0244; telephone: (202) 720–9915
or (888) 720–9917 (toll free); or
facsimile: (202) 205–2800; or e-mail:
Kimberly.Coy@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued pursuant to the Commodity
Promotion, Research, and Information
Act of 1996 (1996 Act) (7 U.S.C. 7411–
7425).
As part of this rulemaking, a proposed
rule was published in the Federal
Register on April 9, 2009 [74 FR 16289],
with a 60-day comment period which
closed on June 8, 2009. Twenty-one
comments were received. A second
proposed rule was published in the
Federal Register on February 8, 2010
[75 FR 6131] addressing the comments.
In addition, a separate final rule on
referendum procedures was published
in the Federal Register on February 8,
2010 [75 FR 6089].
Since publication of the second
proposed rule, the industry worked with
the 484(f) Committee (Committee) of the
United States International Trade
Commission (USITC) which is the
committee that reviews requests for
changes to the statistical reporting
requirements of the HTS for imports, to
determine the feasibility of separating
red raspberry juice and juice
concentrate from all other juice and
juice concentrate, red raspberry paste
and purees from all other pastes and
purees, and red raspberry preserves
from all other fruit preserves. According
to the Committee, this separation was
feasible. Accordingly, the Committee
approved the petition for processed red
raspberry statistical breakout in the
Harmonized Tariff Schedule. The new
number assigned to red raspberry juice
and juice concentrate is 2009.80.60.55,
the new number assigned to processed
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
red raspberry pastes and purees is
2007.99.65.10, and the new number
assigned to red raspberry preserves is
2008.99.20.20, effective July 1, 2010.
The aforementioned changes will be
reflected in the final rule. Also,
assessments for imported red raspberry
preserves will not begin until a
conversion factor is developed.
Executive Order 12866
This rule has been determined to be
not significant for purposes of Executive
Order 12866 and therefore has not been
reviewed by the Office of Management
and Budget (OMB).
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have
retroactive effect. Section 524 of the
1996 Act provides that the 1996 Act
shall not affect or preempt any other
Federal or state law authorizing
promotion or research relating to an
agricultural commodity.
Under section 519 of the 1996 Act, a
person subject to an order may file a
written petition with the Department
stating that an order, any provision of an
order, or any obligation imposed in
connection with an order, is not
established in accordance with the law,
and requesting a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
after the effective date of an order,
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, the
Department will issue a ruling on the
petition. The 1996 Act provides that the
district court of the United States for
any district in which the petitioner
resides or conducts business shall have
the jurisdiction to review a final ruling
on the petition, if the petitioner files a
complaint for that purpose not later
than 20 days after the date of the entry
of the Department’s final ruling.
Referendum Order
Pursuant to the 1996 Act, a
referendum will be conducted to
determine whether eligible producers of
raspberries for processing and importers
of processed raspberries favor issuance
of the Proposed Order. The Proposed
Order is authorized under the 1996 Act.
The representative period for
establishing voter eligibility for the
referendum shall be the period from
January 1, 2010, through December 31,
2010. Producers must have produced
E:\FR\FM\05MYP1.SGM
05MYP1
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Proposed Rules
20,000 pounds of raspberries for
processing and importers must have
imported 20,000 pounds of processed
raspberries during the representative
period from January 1, 2010 through
December 31, 2010, to be eligible to
vote. The referendum shall be
conducted by mail ballot from June 8
through June 24, 2011. Ballots must be
received by the referendum agent no
later than the close of business 4:30 p.m.
(Eastern Time) on June 24, 2011, to be
counted.
Section 518 of the 1996 Act
authorizes the Department to conduct a
referendum prior to the Order’s effective
date. The Order shall become effective
only if it is determined that the Order
has been approved by a majority of
those eligible persons voting for
approval.
Kimberly Coy, of the USDA, AMS,
Research and Promotion Branch, is
designated as the referendum agent to
conduct this referendum. The
referendum procedures [7 CFR 1208.100
through 1212.108], which were issued
pursuant to the 1996 Act, shall be used
to conduct the referendum.
The referendum agent will mail
registration instructions to all known
eligible producers and importers in
advance of the referendum. Any
producer or importer who does not
receive registration instructions should
contact the referendum agent cited
under the ‘‘For Further Information’’
section no later than one week before
the end of the registration period. Prior
to the first day of the voting period, the
referendum agent will mail the ballots
to be cast in the referendum and voting
instructions to all eligible voters.
Persons who are producers and
importers during the representative
period are eligible to vote. Any producer
or importer who does not receive a
ballot should contact the referendum
agent cited under the ‘‘For Further
Information’’ section no later than one
week before the end of the registration
period. Ballots must be received by the
referendum agent by the close of
business on or before [insert last day of
referendum], to be counted.
In accordance with the OMB
regulation [5 CFR part 1320] which
implements the Paperwork Reduction
Act of 1995 [44 U.S.C. 35], the
referendum ballot, which represents the
information collection and
recordkeeping requirements that may be
imposed by this rule, was submitted to
OMB for approval and approved under
OMB Number 0581–0257.
List of Subjects in 7 CFR Part 1208
Administrative practice and
procedure, Advertising, Consumer
VerDate Mar<15>2010
19:33 May 04, 2011
Jkt 223001
information, Marketing agreements,
Raspberry promotion, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–11050 Filed 5–4–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1210
[Document Number AMS–FV–10–0093]
Watermelon Research and Promotion
Plan; Redistricting and Importer
Representation
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule invites
comments on changing the boundaries
of all seven districts under the
Watermelon Research and Promotion
Plan (Plan) to reapportion the producer,
handler, and importer memberships on
the National Watermelon Promotion
Board (Board). In addition, the Board is
adding two importer seats based on the
quantity of watermelon imports in the
past three years. These changes are
based on a review of the production and
assessments paid in each district and
the amount of watermelon import
assessments, which the Plan requires at
least every five years. As a result of
these changes, the importer seats would
increase from six to eight. Therefore, the
total Board membership would increase
from 35 to 37 members. In addition, a
new CFR section is added to reflect the
importer representation on the Board.
DATES: Comments must be received by
June 6, 2011.
ADDRESSES: Interested persons are
invited to submit written comments on
the Internet at: https://
www.regulations.gov or to the Research
and Promotion Branch, Fruit and
Vegetable Programs, Agricultural
Marketing Service (AMS), U.S.
Department of Agriculture, (USDA)
Room 0632–S, Stop 0244, 1400
Independence Avenue, SW.,
Washington, DC 20250–0244; facsimile:
(202) 205–2800. All comments should
reference the docket number and the
date and page number of this issue of
the Federal Register and will be made
available for public inspection in the
above office during regular business
SUMMARY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
25619
hours or it can be viewed at https://
www.regulations.gov. All comments
received will be posted without change,
including any personal information
provided. Please be advised that the
identity of the individuals or entities
submitting comments will be made
public on the Internet at the address
provided above.
FOR FURTHER INFORMATION CONTACT:
Jeanette Palmer, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, U.S.
Department of Agriculture, Stop 0244,
1400 Independence Avenue, SW., Room
0632–S, Washington, DC 20250–0244;
telephone: (888) 720–9917; facsimile:
(202) 205–2800; or electronic mail:
Jeanette.Palmer@ams.usda.gov.
This rule
is issued under the Watermelon
Research and Promotion Plan [7 CFR
part 1210]. The Plan is authorized under
the Watermelon Research and
Promotion Act (Act) [7 U.S.C. 4901–
4916].
SUPPLEMENTARY INFORMATION:
Executive Orders 12886
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Executive Order 12988
In addition, this rule has been
reviewed under Executive Order 12988,
Civil Justice Reform. The rule is not
intended to have retroactive effect.
The Act allows producers, producerpackers, handlers, and importers to file
a written petition with the Secretary of
Agriculture (Secretary) if they believe
that the Plan, any provision of the Plan,
or any obligation imposed in connection
with the Plan, is not established in
accordance with law. In any petition,
the person may request a modification
of the Plan or an exemption from the
Plan. The petitioner will have the
opportunity for a hearing on the
petition. Afterwards, an Administrative
Law Judge (ALJ) will issue a decision.
If the petitioner disagrees with the ALJ’s
ruling, the petitioner has 30 days to
appeal to the Judicial Officer, who will
issue a ruling on behalf of the Secretary.
If the petitioner disagrees with the
Secretary’s ruling, the petitioner may
file, within 20 days, an appeal in the
U.S. District Court for the district where
the petitioner resides or conducts
business.
Initial Regulatory Flexibility Act and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act [5 U.S.C. 601–612], AMS
has examined the economic impact of
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25618-25619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11050]
[[Page 25618]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[Doc. No. AMS-FV-07-0077; FV-07-705-PR-2B]
RIN 0581-AC79
Proposed Processed Raspberry Promotion, Research, and Information
Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule and Referendum Order.
-----------------------------------------------------------------------
SUMMARY: This document directs that a referendum be conducted among
eligible producers of raspberries for processing and importers of
processed raspberries to determine whether they favor the establishment
of an industry-funded promotion, research, and information program for
processed raspberries. The proposed program, Processed Raspberry
Promotion, Research, and Information Order (Proposed Order), was
submitted to the Department of Agriculture (Department) by the
Washington Red Raspberry Commission (WRRC). Under the Proposed Order,
producers of raspberries for processing and importers of processed
raspberries would pay an assessment of up to one cent per pound, with
the initial assessment rate being one cent per pound, which would be
paid to the proposed National Processed Raspberry Council (Council).
Producers and importers of less than 20,000 pounds annually of
raspberries for processing and processed raspberries, respectively,
would be exempt from the assessment. The proposed program would be
implemented under the Commodity Promotion, Research, and Information
Act of 1996 (1996 Act). The Department is conducting an initial
referendum to ascertain whether the persons to be covered by and
assessed under the Proposed Order favor the implementation of the
program prior to it going into effect. The Proposed Order would be
implemented if it is approved by a majority of producers and importers
voting in the referendum.
DATES: The voting period is June 8 through June 24, 2011. To be
eligible to vote, producers must have produced 20,000 pounds of
raspberries for processing and importers must have imported 20,000
pounds of processed raspberries during the representative period from
January 1, 2010 through December 31, 2010. Ballots will be mailed to
all known producers of raspberries for processing and importers of
processed raspberries, on or before June 1, 2011. Ballots must be
received by the referendum agent no later than the close of business
4:30 pm (Eastern Time) on June 24, 2011.
ADDRESSES: Copies of the Proposed Order may be obtained from:
Referendum Agent, Research and Promotion Branch, Fruit and Vegetable
Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 0244, Room
0632-S, Washington, DC 20250-0244; telephone: (202) 720-9915 or (888)
720-9917 (toll free); or facsimile: (202) 205-2800; or can be viewed at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA,
1400 Independence Avenue, SW., Room 0632, Stop 0244, Washington, DC
20250-0244; telephone: (202) 720-9915 or (888) 720-9917 (toll free); or
facsimile: (202) 205-2800; or e-mail: Kimberly.Coy@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued pursuant to the
Commodity Promotion, Research, and Information Act of 1996 (1996 Act)
(7 U.S.C. 7411-7425).
As part of this rulemaking, a proposed rule was published in the
Federal Register on April 9, 2009 [74 FR 16289], with a 60-day comment
period which closed on June 8, 2009. Twenty-one comments were received.
A second proposed rule was published in the Federal Register on
February 8, 2010 [75 FR 6131] addressing the comments. In addition, a
separate final rule on referendum procedures was published in the
Federal Register on February 8, 2010 [75 FR 6089].
Since publication of the second proposed rule, the industry worked
with the 484(f) Committee (Committee) of the United States
International Trade Commission (USITC) which is the committee that
reviews requests for changes to the statistical reporting requirements
of the HTS for imports, to determine the feasibility of separating red
raspberry juice and juice concentrate from all other juice and juice
concentrate, red raspberry paste and purees from all other pastes and
purees, and red raspberry preserves from all other fruit preserves.
According to the Committee, this separation was feasible. Accordingly,
the Committee approved the petition for processed red raspberry
statistical breakout in the Harmonized Tariff Schedule. The new number
assigned to red raspberry juice and juice concentrate is 2009.80.60.55,
the new number assigned to processed red raspberry pastes and purees is
2007.99.65.10, and the new number assigned to red raspberry preserves
is 2008.99.20.20, effective July 1, 2010. The aforementioned changes
will be reflected in the final rule. Also, assessments for imported red
raspberry preserves will not begin until a conversion factor is
developed.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
524 of the 1996 Act provides that the 1996 Act shall not affect or
preempt any other Federal or state law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the 1996 Act, a person subject to an order may
file a written petition with the Department stating that an order, any
provision of an order, or any obligation imposed in connection with an
order, is not established in accordance with the law, and requesting a
modification of an order or an exemption from an order. Any petition
filed challenging an order, any provision of an order, or any
obligation imposed in connection with an order, shall be filed within
two years after the effective date of an order, provision, or
obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, the
Department will issue a ruling on the petition. The 1996 Act provides
that the district court of the United States for any district in which
the petitioner resides or conducts business shall have the jurisdiction
to review a final ruling on the petition, if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of the Department's final ruling.
Referendum Order
Pursuant to the 1996 Act, a referendum will be conducted to
determine whether eligible producers of raspberries for processing and
importers of processed raspberries favor issuance of the Proposed
Order. The Proposed Order is authorized under the 1996 Act.
The representative period for establishing voter eligibility for
the referendum shall be the period from January 1, 2010, through
December 31, 2010. Producers must have produced
[[Page 25619]]
20,000 pounds of raspberries for processing and importers must have
imported 20,000 pounds of processed raspberries during the
representative period from January 1, 2010 through December 31, 2010,
to be eligible to vote. The referendum shall be conducted by mail
ballot from June 8 through June 24, 2011. Ballots must be received by
the referendum agent no later than the close of business 4:30 p.m.
(Eastern Time) on June 24, 2011, to be counted.
Section 518 of the 1996 Act authorizes the Department to conduct a
referendum prior to the Order's effective date. The Order shall become
effective only if it is determined that the Order has been approved by
a majority of those eligible persons voting for approval.
Kimberly Coy, of the USDA, AMS, Research and Promotion Branch, is
designated as the referendum agent to conduct this referendum. The
referendum procedures [7 CFR 1208.100 through 1212.108], which were
issued pursuant to the 1996 Act, shall be used to conduct the
referendum.
The referendum agent will mail registration instructions to all
known eligible producers and importers in advance of the referendum.
Any producer or importer who does not receive registration instructions
should contact the referendum agent cited under the ``For Further
Information'' section no later than one week before the end of the
registration period. Prior to the first day of the voting period, the
referendum agent will mail the ballots to be cast in the referendum and
voting instructions to all eligible voters. Persons who are producers
and importers during the representative period are eligible to vote.
Any producer or importer who does not receive a ballot should contact
the referendum agent cited under the ``For Further Information''
section no later than one week before the end of the registration
period. Ballots must be received by the referendum agent by the close
of business on or before [insert last day of referendum], to be
counted.
In accordance with the OMB regulation [5 CFR part 1320] which
implements the Paperwork Reduction Act of 1995 [44 U.S.C. 35], the
referendum ballot, which represents the information collection and
recordkeeping requirements that may be imposed by this rule, was
submitted to OMB for approval and approved under OMB Number 0581-0257.
List of Subjects in 7 CFR Part 1208
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Raspberry promotion, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11050 Filed 5-4-11; 8:45 am]
BILLING CODE 3410-02-P